Platypus Wear Inc. et al v. Horizonte LTDA et al

Filing 472

ORDER adopting Report and Recommendations re 434 Report and Recommendations.; denying 153 Motion for Sanctions. Signed by Judge Adalberto Jordan on 2/16/2010. (tb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 08-20738-CIV-JORDAN PLATYPUS WEAR, INC., et al. ) ) Plaintiff ) vs. ) ) HORIZONTE FABRICACAO ) DISTRIBUICAO IMPORTACAO ) EXPORTACAO LTDA, et al. ) Defendants ) ____________________________________ ) OR D ER ADOPTING REPORT & RECOMMENDATION Upon de novo review of the record, I adopt Judge McAliley's report [D.E. 434] recommending that the plaintiffs' motion for sanctions against Horizonte for corrupting payments to third-party fact witnesses be denied. The plaintiffs' motion for sanctions [D.E. 153] is therefore D E N IE D . At trial, however, I will have the opportunity to ascertain whether Mr. Baagoe, Mr. Theodosakis, and Mr. Aguirre are improperly biased in Horizonte's favor, or whether they may have altered their testimony to favor Horizonte. If I find that to be the case, I will revisit the issue of sanctions. DONE and ORDERED in chambers in Miami, Florida, this 16th day of February, 2010. _______________________ Adalberto Jordan United States District Judge Copy to: All counsel of record Magistrate Judge McAliley

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